Republic of the Philippines

MUNICIPAL TRIAL COURT

Baganga, Davao Oriental

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 3002-

Plaintiff, 2017-CR

-versus- FOR: CONCUBINAGE

MR. ELIAS MACATOL and

MS. MAGDALENA PINILI
Accused.
x-----------------------x

PRE-TRIAL BRIEF FOR ACCUSED

THE ACCUSED, through the undersigned Counsel, before this Honorable

Court, most respectfully submits this Pre-Trial Brief:

SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION

OF FACTS

The following are the proposed stipulation of facts:

1. The accused has two children with MILAGROS D. BALICAN-
MACATOL namely Julie Anne and Joana May.
2. The accused and MILAGROS D. BALICAN-MACATOL were lawfully
married at the Immaculate Concepcion Parish.
3. That MAGDALENA PINILI is a homosexual, namely a lesbian who
has a romantic relationship with one AYRA BATACAN.
4. That MAGDALENA PINILI is the childhood friend and household
helper of the accused receiving a fixed monthly salary from him.
ISSUE TO BE TRIED

Whether or not the accused is guilty of the crime charged.

EVIDENCE FOR MARKING

1. Affidavit of the accused marked as “Exhibit 1”

Purpose: To prove that the accused does not have any intimate
relationship nor any kind of relationship with Magdalena Pinili except
that of a Household Employer.
2. Affidavit of Magdalena Pinili, marked as “Exhibit 2”
Purpose: To prove that the she is and has been a lesbian since
childhood who has interest only on people of the same gender as her,
namely, women.
3. Affidavit of Ayra Batacan marked as “Exhibit 3”
Purpose: To prove that Magdalena Pinili is a homosexual lesbian who
is in a relationship with her and that Magdalena Pinili has been a
homosexual ever since her early Childhood.

WITNESSESS
1. Accused Elias Macatol to testify that he has no any sort of relationship
with Magdalena Pinili
2. Magdalena Pinili to testify that she is a homosexual lesbian since
childhood and has interests only on people of the same gender as hers.
 3. Ayra Batacan to corroborate the testimony of Magdalena Pinili that she
is a lesbian and to prove that the latter has a romantic relationship with
the affiant.

POSSIBILITY OF AMICABLE SETTLEMENT

That the accused is open and willing to submit this case to any alternative
mode of dispute settlement and likewise they are willing to settle this case
amicably provided that the terms and conditions thereof are fair and
reasonable.

AVAILABLE TRIAL DATES

The undersigned counsel is available for trial on any of the dates of January
3, 18, and 30, 2018. The undersigned counsel also respects the calendar of
this Honorable Court and agrees to other dates that may be set during the
pre-trial as may be convenient to the counsel for the plaintiff and the
Honorable Court.

RESPECTFULLY SUBMITTED
Respectfully submitted this 06 January 2018 at Baganga, Philippines.

Alpas, Lomondot & Jardinel Law Firm

Room D-100, Dotterweich Building
E. Jacinto Street, Davao City
 By:

Atty. ALPAS, FRANCIS ANTHONY CRIS

C.
Counsel for the Defense
Roll No. 33333 / 03-03-2018
IBP No. 181818 / 03-03-2019
MCLE Compliance No. 181833 / 03-2018
PTR No. 1818333/ 3-18-2018

and

Atty. LOMONDOT, SARAH JANE

Counsel for the Defense
Roll No. 128374 / 09-01-2018
IBP No. 283984 / 10-20-2019
MCLE Compliance No. 287364 / 3-2-2018
PTR No. 273837/ 12-29-2019

Copy furnished by personal service:

ATTY. MEL CATHERINE MIRANDA
Prosecutor III
Davao City Prosecution Office